Government Notices

Navy Child Poisoning Lawsuit Will Continue

Date Published: Monday, July 18th, 2011

The 9th Circuit Court has ruled that evidence that the Navy dumped thallium-contaminated soil which blew into nearby homes, was ignored in a lawsuit filed against the Navy in 2002, alleging the contaminated soil poisoned a young girl who lived 50 feet from the base landfill.

According to the lawsuit, the Navy dumped about 240,000 cubic yards of soil contaminated with thallium, a highly toxic chemical used in various insecticides and rat poisons, in the landfill, which then blew off as dust, into homes and neighborhoods, including the girls home, which was only 50 feet from the landfill, and her school, which was 200 feet from the landfill.

The lawsuit says the girl “suffered, and she continues to suffer, from gastrointestinal distress, peripheral neuropathy (a kind of nerve damage), cognitive deficits, and alopecia (loss of body hair), all of which are known side-effects of exposure to thallium,” according to the ruling. [Parenthesis in original].

The 9th Circuit Court ruled that an earlier court who found that the Navy acted reasonably and that the plaintiffs failed to show the girls illnesses were caused by the soil, “relied on its findings that the Navy took care to prevent dangerous migration of thallium by having in place adequate safety measures and ensuring that the contractor was actually taking those safety measures, including regular safety meetings and site visits, selecting an experienced remediation contractor, requiring highly qualified people at important positions, and allowing other agencies to participate in the oversight and design of safety precautions,” wrote U.S. District Judge Mark Bennett. “These findings of lack of foreseeability of harm and reasonableness of the Navy’s conduct, however, are clearly erroneous, in light of evidence of glaring omissions in the Navy’s safety oversight for the … project, which the district court simply ignored,” Courthouse News reported.

Navy Child Poisoning Lawsuit Will Continue

Date Published: Monday, July 18th, 2011

The 9th Circuit Court has ruled that evidence that the Navy dumped thallium-contaminated soil which blew into nearby homes, was ignored in a lawsuit filed against the Navy in 2002, alleging the contaminated soil poisoned a young girl who lived 50 feet from the base landfill.

According to the lawsuit, the Navy dumped about 240,000 cubic yards of soil contaminated with thallium, a highly toxic chemical used in various insecticides and rat poisons, in the landfill, which then blew off as dust, into homes and neighborhoods, including the girls home, which was only 50 feet from the landfill, and her school, which was 200 feet from the landfill.

The lawsuit says the girl “suffered, and she continues to suffer, from gastrointestinal distress, peripheral neuropathy (a kind of nerve damage), cognitive deficits, and alopecia (loss of body hair), all of which are known side-effects of exposure to thallium,” according to the ruling. [Parenthesis in original].

The 9th Circuit Court ruled that an earlier court who found that the Navy acted reasonably and that the plaintiffs failed to show the girls illnesses were caused by the soil, “relied on its findings that the Navy took care to prevent dangerous migration of thallium by having in place adequate safety measures and ensuring that the contractor was actually taking those safety measures, including regular safety meetings and site visits, selecting an experienced remediation contractor, requiring highly qualified people at important positions, and allowing other agencies to participate in the oversight and design of safety precautions,” wrote U.S. District Judge Mark Bennett. “These findings of lack of foreseeability of harm and reasonableness of the Navy’s conduct, however, are clearly erroneous, in light of evidence of glaring omissions in the Navy’s safety oversight for the … project, which the district court simply ignored,” Courthouse News reported.

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